Myriam E. Gilles of Cardozo and Gary B. Friedman of the Friedman Law Group have written The New Qui Tam: A Model for the Enforcement of Group Rights in a Hostile Era. Here is the abstract: The present Administration has made clear it has no interest in enforcing statutes designed to protect workers, consumers, voters and […]
Category Archives: Consumer Law Scholarship
Christopher G. Bradley of Kentucky has written The Consumer Protection Ecosystem: Law, Norms, and Technology. Here is the abstract: Consumer law provokes fierce policy debate on issues from identity theft to online privacy, from arbitration clauses and class action lawsuits to Americans’ accumulation of debt and the unsavory practices sometimes used to collect. Pervasive technology in […]
Andrew T. Hayashi of Virginia has written Consumer Law Myopia. Here is the abstract: People make mistakes with debt, partly because the chance to buy now and pay later tempts them to do things that are not in their long-term interest. Lenders sell credit products that exploit this vulnerability. In this Article, I argue that critiques […]
by Jeff Sovern A post inspired by a question I heard Kathleen Engel ask: every year second-year students ask professors for suggestions for topics to write about for law reviews. Law professors and other lawyers also cast about for article topics. Meanwhile, administrative agencies often confront questions about what the law is or how it […]
The Berkeley Center for Consumer Law & Economic Justice is holding its Consumer Law Scholars Conference on Thursday and Friday. More information, including the papers to be discussed, here. The Conference has an impressive list of participants and it promises to be a terrific event.
Natasha Sarin of Penn has written Making Consumer Finance Work. Here's the abstract: The financial crisis exposed major faultlines in banking and financial markets more broadly. Policymakers responded with far-reaching regulation that created a new agency—the CFPB—and changed the structure and function of these markets. Consumer advocates cheered reforms as welfare-enhancing, while the financial sector declared […]
Uri Benoliel of the College of Law and Business – Ramat Gan Law School and Shmuel I. Becher of the Victoria University of Wellington have written The Duty to Read the Unreadable. Here's the abstract: The duty to read doctrine is a well-recognized building block of U.S. contract law. Under this doctrine, contracting parties are held […]
Jacob Hale Russell of Rutgers and Stanford’s Arthur & Toni Rembe Rock Center for Corporate Governance has written Unconscionability’s Greatly Exaggerated Death. Here is the abstract: Reports of unconscionability’s demise are greatly exaggerated. According to conventional wisdom, the common-law contracts doctrine is rarely used, except in limiting clauses that purport to waive consumers’ remedial rights. In […]
Alexander Tsesis of Loyola of Chicago has written Marketplace of Ideas, Privacy, and Digital Audiences, forthcoming in the Notre Dame Law Review. Here's the abstract: The availability of almost limitless sets of digital information has opened a vast marketplace of ideas. Information service providers like Facebook and Twitter provide users with an array of personal […]
Kenneth P. Brevoort, Jasper Clarkberg, Michelle Kambara, and Benjamin Litwin, all currently or formerly at the CFPB, have written The Geography of Credit Invisibility. Here's the abstract: This study builds on the Bureau’s earlier work and examines the relationship between geography and credit invisibility. The importance of geography in accessing credit has been long-standing concern for […]